Making of the Constitution Notes
Introduction
- India needed a legal framework for governance after gaining independence.
- The Government of India Act, 1935, was outdated and colonial.
- A new Constitution was necessary to establish democratic institutions and secure fundamental rights for citizens.
Formation of the Constituent Assembly
- The idea of a Constituent Assembly was first proposed by M.N. Roy in 1934.
- The demand was officially accepted in 1940 (August Offer).
- The Constituent Assembly was formed under the Cabinet Mission Plan of 1946.
Composition of the Constituent Assembly (Initially 389 Members)
- Elections were held in July 1946 (Congress won 208 out of 296 seats).
- Muslim League boycotted initially but later joined.
- After Partition (1947), members from Pakistan left, and total strength was reduced to 299.
First Meeting and Key Members of the Constituent Assembly
- First meeting: 9 December 1946 (Presided by Dr. Sachchidananda Sinha, the temporary chairman).
- Dr. Rajendra Prasad was elected permanent President on 11 December 1946.
Committees of the Constituent Assembly
The Constitution was drafted through various committees, the most important being:
Drafting of the Constitution
- The Drafting Committee was appointed on 29 August 1947.
- Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
- The first draft was prepared on 21 February 1948 and published for public comments.
- The final draft was adopted on 26 November 1949.
Key Facts About Drafting
- Took 2 years, 11 months, and 18 days to complete.
- 114 sessions were held.
- Total Articles: 395 (originally), Parts: 22, Schedules: 8.
Adoption and Enforcement of the Constitution
- Adopted on 26 November 1949.
- Came into force on 26 January 1950 (Republic Day).
- Why 26 January? -> Chosen to honor the Purna Swaraj Declaration (26 January 1930).
Objectives Resolution (1946) – Basis of the Preamble
- Introduced by Jawaharlal Nehru on 13 December 1946.
- Adopted on 22 January 1947.
- Became the foundation of India’s Preamble.
Key Features of the Objectives Resolution
- Declared India as an Independent, Sovereign Nation.
- Promised justice, equality, and fundamental rights.
- Laid the foundation for a democratic republic.
Salient Features of the Indian Constitution
The Indian Constitution is unique because it borrows from various sources while maintaining its own identity.
Key Features
- Longest Written Constitution – 395 Articles, 22 Parts, 8 Schedules (originally).
- Draws from Multiple Sources – British, American, Canadian, Irish, etc.
- Parliamentary System of Government – Based on the Westminster Model (UK).
- Quasi-Federal Structure – Federal with a strong Centre.
- Fundamental Rights & DPSPs – Inspired by the USA and Ireland.
- Single Citizenship – Unlike the USA, Indian citizens have only one citizenship.
- Integrated and Independent Judiciary – Supreme Court, High Courts, and District Courts.
- Universal Adult Franchise – Voting rights to all citizens aged 18+ (originally 21+).
- Directive Principles of State Policy (DPSP) – Guidelines for governance (not enforceable in court).
- Emergency Provisions – President can assume special powers in crises.
Criticism of the Constituent Assembly
- Not a Representative Body – Members were indirectly elected.
- Not a Sovereign Body – Created under the Cabinet Mission Plan.
- Too Much Time Taken – Almost three years to draft.
- Congress-Dominated – Limited opposition participation.
- Ignored Social Revolution – Focused more on administrative structure than radical social change.
Important Dates for Quick Revision
Key Takeaways for UPSC
- The Constituent Assembly was formed under the Cabinet Mission Plan (1946).
- Dr. Rajendra Prasad was the President, and Dr. B.R. Ambedkar chaired the Drafting Committee.
- The Constitution was adopted on 26 November 1949 and enforced on 26 January 1950.
- The Objectives Resolution (1946) became the Preamble of the Constitution.
- It took 2 years, 11 months, and 18 days to draft the Constitution.
- The Constitution had 395 Articles, 8 Schedules, and 22 Parts at the time of adoption.